Gives Former Sheriff's Attorney 3 Days To File Appeal
posted August 29, 2008
Federal Magistrate Judge Susan Lee has ruled that a psychological examination of former Sheriff Billy Long cannot be kept under seal, but must be made public.
Magistrate Lee did allow Jerry Summers, Long's attorney, three days in which to file an appeal.
Attorney Summers had sought to keep a report of the Long examination under seal, while seeking an order from Federal Judge Sandy Mattice for a similar exam of government confidential witness Eugene Overstreet. Judge Mattice has not yet ruled on the Overstreet matter.
Prosecutor Gary Humble had argued that the Long exam should be made public, and he said Overstreet should not have to undergo such an exam.
Long is awaiting sentencing after pleading guilty to 27 counts in Federal Court. He was arrested by the FBI, whose agents were working closely with Overstreet. Authorities said the sheriff was going along with a drug selling scheme in addition to shaking down Indian store owners who had unfulfilled campaign pledges.
Magistrate Lee said the defendant "has simply failed to meet his burden to demonstrate good cause as it relates to sealing these documents."
She said since Long has already pleaded guilty, there is no jury to taint.
Prosecutor Humble said attorney Summers had discussed a portion of the report during a court hearing. Attorney Summers said the exam showed that Long could be easily led by a strong individual.
Magistrate Lee said neither side had asked that any names be stricken from the exam or specific portions taken out.
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